PRANABALLAV ROY Vs. BISWAJIT DUTTA AND 6 OTHERS

JUDGEMENT

(1.) Heard Mr. B.K. Purkayastha, learned counsel for the petitioner and Mr. D. Chakraborty, learned counsel for the opposite parties.

(2.) By filing this application under Art. 227 of the Constitution of India the petitioner has challenged the order dated 05.12.2013 passed by learned Munsiff No. 1, Cachar at Silchar in Title Suit No. 59/2009 thereby rejecting the prayer of the plaintiff for accepting documents submitted along with the examination-in-chief of the PW 1.

(3.) It is the case of the plaintiff that at the time of presentation of plaint the photocopy of all the documents were produced and so the defendants had due notice as to which documents were being exhibited by the plaintiff. However, at the time of settlement of issues the original documents were not produced. The plaintiff at the time of filing the examination-in-chief of the plaintiff as PW 1 annexed the original of the documents and sought to get the same exhibited. According to the plaintiff, since the photocopies were submitted earlier, there has been substantial compliance of the provision of law and there is no difficulty in accepting the documents in question.